Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to Bub2Tot 8in1 by MOMMY LOVEY. By continuing to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern MOMMY LOVEY's relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “us”, “our” and “we” refers to ELENCHUS PTY LTD t/as MOMMY LOVEY (ABN 306 438 098 67) and “you” and “your” refers to you, the client, visitor, website user or person using our website.

The information contained in this website is for general information purposes only and is provided by MOMMY LOVEY. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. It is your responsibility to make your own enquiries to determine if the information or products are appropriate for your intended use.

INDEMNITY

You agree to indemnify us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors in respect of any actions, claims, demands, proceedings, and Losses of every kind:

due to or arising out of your breach of these terms and conditions;
due to or arising out of your violation of any law or the rights of us or a third party in connection with your use of our website, goods and/or services;
of or by a third party arising directly or indirectly from: your use of our website, goods and/or services; or, the subject matter of these terms and conditions; or
otherwise arising directly or indirectly from: your use of our website, goods and/or services; or, the subject matter of these terms and conditions.
1. Any amounts payable under this indemnity must be paid to us immediately on demand without set-off or counter claim. If a payment due under this section is subject to tax (whether by way of direct assessment or withholding at its source), we will be entitled to receive from you such amounts as will ensure that the net receipt, after tax, to us in respect of the payment is the same as it would have been were the payment not subject to tax. It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this section.
2. The indemnities in this clause:

are continuing obligations on you, independent from your other obligations under these terms and conditions;
survive termination or expiry of these terms and conditions or your use of the website and/or our goods and/or services; and
are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.

For the purposes of this indemnity:

“website” means our website (www.bub2tot8in1.com.au) and/or any of our associated social media accounts (including but not limited to Facebook, Instagram and You Tube); and
“Loss” means any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).

DISCLAIMER

You acknowledge and agree that your use of our website and/or goods and services is at your own risk. To the fullest extent permitted by law:

our liability for breach of any term implied into these terms and conditions by any law is excluded;
all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the website, goods and services that are not expressly set out in these terms and conditions are excluded; and
we are not liable for – and you release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors from any and all liability for – any Loss of any kind arising out of or in any way connected to your use of our website, goods and/or services, or the provision of or failure to provide goods or services.

Whilst we at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability for any particular purpose, timeliness, accuracy, reliability, or otherwise. We give no warranty that the website and its content will be free of errors, defects, viruses or any other harmful components. Your use of the website is at your own risk.

All information, specifications and samples provided by us in relation to the goods or services are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect your use of the goods or services will not entitle you to reject the goods upon delivery, or to make any claim in respect of them.

Any advice, recommendation, information, assistance or service given by us in relation to the goods and/or services is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty or accuracy, appropriateness or reliability. We do not accept any liability or responsibility for any Loss suffered as a result of your reliance on such advice, recommendation, information, assistance or service.

To the fullest extent permitted by law, it is your sole responsibility to bear any and all costs of servicing, repairs, or correction to the goods or services. The Australian Consumer Law may give to you certain guarantees, and in circumstances where they apply and liability for breach of any such guarantee can be limited, our total liability (if any) arising from any breach of those guarantees is limited to (at our option):

with respect to the supply of goods, the replacement or repair of the goods or the costs of resupply or replacement of the goods; or
with respect to the supply of services, the supply of services again or the costs of resupply.

Where you are or may be entitled to recover from a third party (such as an insurer) any sum in respect of any matter or event that could give rise to a claim under these terms and conditions you must use your best endeavours to recover that sum before making the claim, keep us informed of the conduct of such recovery, and reduce the amount of the claim to the extent that sums are recovered.

This disclaimer applies to the fullest extent permitted by law and shall survive termination or expiry of these terms and conditions or your use of the website and/or our goods and/or services. For the avoidance of doubt, nothing in these terms and conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law to a supply of goods or services.

For the purposes of this disclaimer:

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Loss” means any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
“website” means our website (www.bub2tot8in1.com.au) and/or any of our associated social media accounts (including but not limited to Facebook and Instagram).

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

MOMMY LOVEY expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: You may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.